Scope Statements
Agriculture, Trade and Consumer Protection
Subject
Revises Chapter
ATCP 30 to renumber and reorganize this rule, relating to atrazine pesticide applications.
Objective of the Rule
Regulate the use of atrazine pesticides to protect groundwater and assure compliance with Wisconsin's Groundwater Law. Update current rule to reflect groundwater-sampling results related to atrazine obtained during the past year. Reorganize current rule to accommodate any new or expanded prohibition area (PA), and update all maps currently found in Appendix A of the rule using technology that was not available when the original rule was written.
Policy Analysis
DATCP must regulate the use of pesticides to assure compliance with groundwater standards under ch.
160, Stats. Groundwater standards are established by the Department of Natural Resources under ch.
NR 140, Wis. Adm. Code. DNR has established a groundwater enforcement standard of 3
mg/liter for atrazine and its chlorinated metabolites.
DATCP must prohibit atrazine uses that result in groundwater contamination levels that exceed the DNR enforcement standard under s.
160.25, Stats. DATCP must prohibit atrazine use in the area where groundwater contamination has occurred unless DATCP determines to a reasonable certainty, based on the greater weight of credible evidence, that alternative measures will achieve compliance with the DNR enforcement standard.
Currently, under ch.
ATCP 30, Wis. Adm. Code, the use of atrazine is prohibited in 101 PAs (approximately 1,200,000 acres), including large portions of the Lower Wisconsin River Valley, Dane County and Columbia County. The current rules also restrict atrazine use rates and handling practices, including the timing of applications on a statewide basis. The statewide restrictions are designed to minimize the potential for groundwater contamination, as required under s.
160.25, Stats.
Over the next year, DATCP may identify additional wells containing atrazine and its chlorinated metabolites at and above the current DNR enforcement standard. In order to comply with ch.
160, Stats., DATCP must take further action to prohibit or regulate atrazine use in the areas where these wells are located. DATCP proposes to amend ch.
ATCP 30, Wis. Adm. Code to add PAs or take other appropriate regulatory action in response to any new groundwater findings.
Policy Alternatives:
No Change. If DATCP takes no action, current rules will remain in effect. However, DATCP would take no new regulatory action in response to new groundwater findings obtained this year. This would not adequately protect groundwater in the newly discovered contaminated areas, nor would it meet DATCP's statutory obligations.
Statutory Alternatives:
None at this time.
Statutory Authority
Comparison with Federal Regulations
Pesticides and pesticide labels must be registered with the federal Environmental Protection Agency (“EPA"). Persons may not use pesticides in a manner inconsistent with the federal label.
Entities Affected by the Rule
Residents whose private wells are located in the proposed or expanded PA would be affected by the proposed rule. Atrazine users in a new or expanded PA would be affected by the proposed rule. Dealers, distributors and manufacturers of atrazine who service areas of proposed expanded PAs would be affected by a reduction in the sales of atrazine. Commercial application services would be required to know where all the atrazine PAs are located to avoid illegal applications. The proposed action is not expected to have a measurable effect on consumer food costs, specifically on corn-derived products.
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use approximately 0.5 FTE staff to develop this rule. This includes investigation, drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
DATCP Board Authorization
DATCP may not begin drafting this rule until the Board of Agriculture, Trade and Consumer Protection (Board) approves this scope statement. The Board may not approve this scope statement sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. If the Board takes no action on the scope statement within 30 days after the scope statement is presented to the Board, the scope statement is considered approved. Before DATCP holds public hearings on this rule, the Board must approve the hearing draft. The Board must also approve the final draft rule before DATCP adopts the rule.
Insurance
Subject
Revises sections
Ins 17.35 (4) and
17.50 (2) (g), Wis. Adm. Code, relating to primary policy deductibles and the definition of self-insured.
Objective of the Rule
To consider establishing a limitation of the amount of indemnity that may be included in a primary medical malpractice policy as a deductible for purposes of Chapter
655 Wis. Stat., and to clarify the definition of a self-insured plan.
Policy Analysis
Currently s. Ins. 17.35, Wis. Adm. Code, states that a policy may include a deductible, but does not place any limitations on the amount of the indemnity which may be applied toward the deductible. The current rule is silent on the application of a deductible towards indemnity versus costs within the insurance contract. This may result in a deductible endorsement being misapplied to other coverages and policy provisions contrary to requirements of by Chapter
655 Wis. Stat.
Secondly, s. Ins. 17.50 (2)(g), Wis. Adm. Code, provides a definition for a self-insured plan. This rule would add clarification as to the relationship between a self-insured plan and the use of deductibles in an insurance contract.
Statutory Authority
The statutory authority for this rule is ss.
601.41 and
655.004, Wis. Stat.
Comparison with Federal Regulations
There is no existing proposed federal regulation addressing any medical malpractice fund like the Wisconsin Injured Patients and Families Compensation Fund.
Entities Affected by the Rule
This rule may affect the medical malpractice insurance carriers writing coverage for health care providers subject to Chapter
655, Wis. Stat., and the health care providers who purchase primary insurance policies that include a deductible endorsement.
Estimate of Time Needed to Develop the Rule
100 hours estimated state employee time to promulgate this rule; other resources will include the review and recommendation of the Injured Patients and Families Compensation Fund Board of Governors and its Legal Committee.
Regulation and Licensing
Subject
Revises Chapters
PT 1-
9 to reflect changes in
2009 Wisconsin Act 149 and to make other minor clarifications and corrections as necessary.
Objective of the Rule
2009 Wisconsin Act 149 changed the name of the Board that regulates physical therapists and physical therapist assistants from the Physical Therapists Affiliated Credentialing Board to the Physical Therapy Examining Board. The Board's rules, Wis. Admin. Code §
PT 1 – §
PT 9, need to be updated so they are consistent with the statute changes. The Board will also use this opportunity to revise, correct and clarify its rules where needed.
Policy Analysis
No major policy changes are intended by this rule.
Statutory Authority
Statutes authorizing promulgation: Wis. Stat. §§. 15.08 (5) (b), 227.11 (2), 448.527, 448.53 (2), and 448.55 (3), 448.565, 448.567.
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Physical therapists, physical therapist assistants, the Physical Therapy Board and the Department of Regulation and Licensing.
Estimate of Time Needed to Develop the Rule
150 hours.
